On Monday, Nov. 26, bail bondsman Darlene Ensley posted bail releasing Ricky Fouts from custody at approximately 10:24 a.m. As part of the condition of his release, Fouts is to have no contact with incident witness Julia Hixon.

“Under the authority of our judicial system [Fouts] was given a bond and he was able to successfully make that bond and will remain free to stand trial in the murder of his son or unless he violates the conditions of his release order,” said Macon County Sheriff Robert Holland on Thursday.

According to police reports, a concerned citizen called authorities on the evening of the murder and advised that Ricky and Levi were intoxicated and had been fighting with each other all day, and requested intervention from law enforcement. The caller advised that Levi had called her to inform her of the confrontation.

According to the 9-1-1 transcripts, Ricky had allegedly threatened Levi earlier Tuesday, Nov. 13, with a gun and had even fired the gun at Levi in the preceding week. Upon arrival, authorities at the scene of the incident found Levi with a gunshot wound in the stomach and immediately detained Ricky, as his son was flown to Mission Hospital in Asheville where he later died. According to a 9-1-1 call from a Mission Hospital nurse at 11:28 p.m. Levi died in the operating room. Both the victim and the suspect were reported to be under the influence of drugs or alcohol, according to police reports.

Ricky Fouts was arrested for second degree murder and was placed under a secured bond of $125,000. According to reports, a .22 Long Rifle caliber handgun was recovered as the weapon used in the homicide.

Ricky Fouts is expected to appear in Macon County Court on Thursday, Dec. 6.